21 Amendments of Marie DAUCHY related to 2023/0079(COD)
Amendment 114 #
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed properly, increased demand for critical raw materials could lead to negative environmental, industrial and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 294 #
Proposal for a regulation
Recital 55
Recital 55
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States and of the Commission, while being able to ensure participation of other parties as observers. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on financing, exploration, monitoring and strategic stocks, that should act as a network by gathering the different relevant national authorities, economic operators, and, when necessary, consult industry, academia, civil society and other relevant stakeholders. TWhe Board’s advice and opinions should be non-binding and the absence of such an advice or opinion should not prevent the Commission from performing its tasks under this Regulatn performing its tasks under this Regulation, the Commission should take the utmost account of the Board’s advice and opinions.
Amendment 332 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) diversify the Union's imports of strategic raw materials with a view to ensure that, by 2030, the Union's annual consumption of each strategic raw material at any relevant stage of processing can rely on imports from several third countries, none of which provide more than 65% of the Union's annual consumption;, except in cases where known data on the geological availability of these raw materials do not allow it, or where an international crisis makes such diversification of import sources unworkable, in particular when financial sanctions are applied to an exporting country.
Amendment 364 #
Amendment 651 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The standing sub-group referred to in Article 35(6) shall 2 years after the entry into force of the entry into force of this Regulation, and every year thereafter, provide a report describing difficulties in the access to finance and recommendations to facilitate it for Critical Raw Materials Projects.
Amendment 702 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test is performed for each strategic raw material’s supply chain: (a) at least every three years; (b) whenever one of the national authorities or the Board indicates a potential risk of a supply disruption; (c) whenever the strategic stocks of Article 21 are deemed unsafe pursuant to the benchmark mentioned in Article 22. To that end, the standing sub-group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic raw materials by the different participating authorities.
Amendment 725 #
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States, after consultation with the social partners, including representative organisations of SMEs, in accordance with uniform criteria determined at European level by means of a delegated regulation in accordance with Article 36, shall identify key market operators along the critical raw materials value chain established in their territory and shall:
Amendment 759 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection and the quality of the treatment of waste with high critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities, in particular through the adoption of quality standards for the recycling processes of complex waste streams such as electronic waste;
Amendment 843 #
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 844 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or organisations that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission. The recognition shall also be applicable for requirements under other related EU legislation, such as the Conflict Minerals Regulation and Batteries Regulation.
Amendment 848 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or, organisations or industrial companies that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 850 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 a (new)
Article 29 – paragraph 1 – subparagraph 1 a (new)
Schemes referred to in pararaph 1 shall be neither a replacement for a company’s responsibility nor for government oversight.
Amendment 854 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where, on the basis of the evidence provided pursuant to the paragraph 1, the Commission determines that a certification scheme meets the criteria laid down in Annex IV, it shall adopt an implementing act granting that scheme a recognition. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3) and shall be published no later than 6 months after the application submitted by the scheme owner.
Amendment 855 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall pveriodically verifyfy at least every two years that recognised schemes continue to fulfil the criteria laid down in Annex IV.
Amendment 880 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Board shall periodically discussat least once a year discuss and produce a report for transmission to the Commission and the Member States :
Amendment 944 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
(da) a sub-group bringing together industry representatives from the sectors strategic sectors, with particular attention to representatives of SMEs from all Member States.
Amendment 957 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3(2), Article 4(2), Article 5(2), Article 20 (2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall be conferred on the Commission for a period of eight years from [OP please insert: one month after the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 960 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The delegation of power referred to in Article 3(2), Article 4(2), Article 5(2), Article 20 (2), Article 27(12), Article 28(2) and Article 30(1) and (5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 964 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. A delegated act adopted pursuant to Article 3(2), Article 4(2), Article 5(2), Article 27(12), Article 20 (2), Article 28(2) and Article 30(1) and (5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1152 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i a (new)
Annex IV – paragraph 1 – point b – point i a (new)
(ia) requirements ensuring no damage to habitats, wildlife, flora and ecosystems, including not practicing deep-sea tailing placement, especially for the nickel industry.
Amendment 1168 #
Proposal for a regulation
Annex IV – paragraph 1 – point d
Annex IV – paragraph 1 – point d
(d) it includes sufficient requirements and procedures to ensure the competence and independence of responsible verifiers. , such as: (i) required use of third-party audits and certified independent third-part auditors; (ii) audits at the mine-site level and not just a representative sample of a company’s operations; (iii) high level of onsite engagement throughout the audit process with local stakeholders including the local community, workers, civil society, trade unions and rights holders; and (iv) detailed public audit reports. Audits are publicly noticed in advance, allowing workers, affected communities, and other stakeholders and rights holders the opportunity to learn about the process, what to expect, and how to engage.